David Vyborny’s Answers

Can I enter the US with E2 status (even though I was just denied the E2 visa at the Toronto US Consulate)?

While still in the US, I changed from TN status to E2 status using form I-129 six months ago. I needed to travel out of the US and thought that I needed an E2 Visa to come back to the US. So I arranged for my E2 interview at the US Consulate in To...

David’s Answer

November 17, 2016 7:30pm

Your previous E-2 status lasted only as long as you were inside the U.S. In order to enter in E-2 status, you must have a visa, which you do not have. It would be best to speak with an immigration attorney to help make your E-2 consular processing case better (since you already had E-2 status) and re-file it. Good luck.

Can my employer file an amendment without my consent

My Employer is forcing me to relocate to another client & Location by filing an amendment. I have not submitted any documents to him but he still is going ahead with filing.
Is it legal? Can i retaliate by any means

David’s Answer

November 15, 2016 5:59pm

From an immigration perspective (if it applies to you), as long as the amendment is approved, it is legal for your employer to relocate you.

David’s Answer

Is it necessary to withdraw I864 as well as i170?

I am divorcing my abusive husband. I've already withdrawn I170 but I've heard that that I864 should be withdrawn as well.

David’s Answer

November 14, 2016 10:54pm

I agree with my colleagues. I will add that, if your husband has already received the green card, you will be unable to withdraw your sponsorship and you will be liable under the affidavit of support (even after divorce).

How do I, a US citizen, get married to a Romanian who is a permanent resident to Italy?

I am a US citizen living in Rome, Italy (currently on a student Visa) and want to marry my Romanian fiancee who is a permanent resident here. It has been difficult to find the right information on how to get married here (we do not plan on return...

David’s Answer

October 28, 2016 1:57pm

This forum is for U.S law only. You need to speak with an Italian lawyer that handles family law, or go to the local court house and ask the clerk what documents you need to obtain a marriage license. It shouldn't matter that he is only a legal resident.

If you ever want to return to the U.S. to live after you are married, then your husband will go through the green card process, at which time you can hire a U.S. immigration lawyer.

How Could I Get My Green Card Renewed With All My legal Documents Expired

Came To Th USA Legally In 1994 Paid $400.00 In 2009 To Renew My Green Card, I Had It For Only 2 Months When I Received A Letter Saying I Need To Go To My Local USCIS Office. When I Went They Ask For My Card And Cut It Right Infront Of Me. I Fe...

David’s Answer

September 27, 2016 2:58pm

You need to figure out what happened with USCIS and your status ASAP. Hire an attorney to help you. Good luck.

Hello, My H1B extension has been denied on 09/26. My I94 expired on 05/16. What are my options now?

Hello,
My H1B extension has been denied after converting to premium on 09/26, I94 expired on 05/16. What are my options now? If I apply for COS to H4 (my wife is on H1) will I be getting a new I94 or do I have to go out of country and get the H4 ...

David’s Answer

September 27, 2016 2:54pm

You are now out of status and must leave the country. You did not accrue visa overstay time since you had a valid application for an extension pending, however now that it has been denied you are accruing overstay days. If you remain in the country for more than 6 months and then leave, you are subject to a 3-year bar to reentry. You are not eligible for any change of status from within the U.S. because you are out of status. You have to go to the consulate to get a new visa and then reenter. Good luck.

Can I travel to Mexico, my e2 visa expired sept 2016. I have a valid i94 until sept 2018...can I come back by plane?

I heard this can be done using the visa revalidation, is there an airport that is more familiar with this laws

David’s Answer

September 27, 2016 2:50pm

The I-94 only allows you to remain in the country in a certain status until its expiration. The visa is what allows you to arrive at a border and ask to enter on E-2 status. Without a valid visa in your passport, you will not be able to enter on E-2 status. Apply for a new visa at the consulate in your home country.

Adjustment of Status - Family Visa

My spouse, a US Citizen is sponsoring my green card application and is also in the process of applying for housing benefits under Sec. 8 in NJ. Can I be a included in this application or will it impact my green card application?
Please clarify

David’s Answer

September 27, 2016 2:46pm

Has the green card application been filed yet? Is there a joint sponsor for the affidavit of support? That person may have liability if you are a public charge. Talk to an immigration attorney in a private consultation.